The U.S. Senate could vote this week on the Respect for Marriage Act, legislation that would codify important rights and protections in the face of threats to marriage equality. NOW is the time to contact your senators and urge them to pass this bill. Here’s why and what to do.
Justice Clarence Thomas indicated in his concurrence to the Dobbs decision that the U.S. Supreme Court should reconsider its marriage equality rulings. The Respect for Marriage Act (RMA) would, however:
- Repeal the Defense of Marriage Act (DOMA), which, despite being effectively defunct after the Supreme Court rulings in Windsor and Obergefell, remains on the books. (If you need a refresher: DOMA defines marriage as between one man and one woman and allows states and the federal government to refuse recognition to marriages of same-sex couples.)
- Establish marriage equality for federal law purposes, recognizing all marriages that were valid where they were performed. (You may remember from earlier marriage equality battles the list of 1,138 federal rights and benefits (PDF) connected to marital status, including ones related to Social Security, veteran’s benefits, immigration, taxation, and more.)
- Prohibit states from denying full faith and credit to an out-of-state marriage because of the sex, race, ethnicity, or national origin of the individuals in the marriage, as long as the marriage was valid where it was performed.
It would also give the Attorney General the power to enforce this law, and give private individuals the right to pursue legal action if they are harmed by a violation of the RMA.
The RMA is a necessary piece of legislation that will minimize the harms if Obergefell and/or Windsor are overturned—and even if they’re not, it codifies and clarifies a lot. It would ensure that anyone already married would continue to have their marriages recognized in federal and state law. It would also allow same-sex couples living in states where they could not marry to travel to states where they could, then have their marriages recognized by both the federal government and their home states. Yes, that would burden those without the financial means to travel to another state to get married, but it’s better than nothing, should the Supreme Court overturn its marriage equality rulings.
The RMA passed the U.S. House last week 267-157 on a bipartisan vote, with 47 Republicans joining Democrats. Its fate in the Senate is much more uncertain. Right now, ten Republican senators are needed to join Democrats in order to avoid a filibuster of the RMA. The RMA might actually stand a chance, however, not least because of the efforts of Senator Tammy Baldwin (D-WI), the first out U.S. senator. But she can’t do this alone.
Call Your Senators Now
You can find their contact information at Congress.gov and reach out on your own, or use Family Equality’s handy action tool, which will automatically send your e-mail message message to the correct Senators (and connect you by phone to their offices, should you wish; keep in mind that phone calls often have more weight).
Virtual Phone Bank
The HRC PAC is holding a virtual phone bank from now through August 7. You can join from anywhere and help make sure target Senators hear from pro-equality constituents who support the RMA.
Closing Thoughts
Do this for your marriage; do this for the marriage you might someday have; do it for your children, one of the prime drivers of marriage equality in the first place. Do it for your relatives and friends who are married or might be someday. Do it because your vision for our country is not about taking away fundamental rights, but about protecting them, and because the right to marry goes to the heart of liberty and the pursuit of happiness.
Stop reading. Go make your calls.
